1. Criminal records
From 1st February 2017 on, the employer’s right to request the presentation of a criminal record will be limited, pursuant to the new law of 23 July 2016.

It will then be much more difficult for an employer to request a criminal record.

The employer may only request:

• a candidate to submit a criminal record if the request (i) is in writing, (ii) duly motivated in relation to the specific requirements of the job and (iii) indicated in the job offer;
• an employee to submit a criminal record if specific legal provisions foresee this possibility or if the employee occupies a position justifying a new control in relation to the specific job requirements.

Upon receipt of the criminal record, the employer may then:

• only access the new bulletin number 3 which does not contain all convictions;
• access the new bulletin number 4 under certain conditions (driving license indispensable for the position);
• keep the criminal record only during 1 month as of the conclusion of the employment contract and no longer than 2 months during the work relationship.

2. Flexible working time system
A draft law number 7016 on flexible working time arrangements was introduced on 27 July 2016.

The current wording of the draft law:

• proposes to extend to companies, outside the context of a collective bargaining agreement, the current 1 month’s reference period to 4 months. Any reference period longer than 4 months will only be possible through a collective bargaining agreement, or agreements on a social dialogue level (however limited to 12 months);
• as a counterpart of the prolongation of the reference period, provides for (i) additional leave days and (ii) the maximum working time limits beyond which the working hours will be deemed overtime.

The current legal provisions will no longer be in force from 1st January 2017.